Prior to the adoption of AP 3-13 on 03/07/2005, Policy 3-13 read as follows.

BACKGROUND: Employees facing catastrophic medical situations often exhaust accrued leave but have need of additional assistance to return to the workplace. Chapter 17 of the Lawton City Code authorizes the City Manager to establish a leave bank program This policy establishes a voluntary leave bank program under which certain accrued leave can be transferred to a central leave bank or to a specific employee who has been designated a leave bank recipient. It also establishes procedures whereby eligible City employees can receive leave from the leave bank.

a. Leave bank means the record keeping system established by the Personnel Department to account for donation and use of leave bank leave.

b. Leave donor means a regular employee or regular part-time employee, who has submitted a voluntary written authorization for transfer of leave to the leave bank.

c. Leave recipient means a regular employee or regular part-time employee who has exhausted all other available forms of leave and for whom the city manager has approved an application to receive leave from the leave bank.

d. Medical emergency means a medical condition of an employee or his or her immediate family, as defined in Chapter 17 of the Lawton City Code, which would require an employee’s absence from duty for a minimum of a calendar month and/or results in a substantial loss of income to the employee because of the unavailability of paid leave.

a. An employee who has been affected by a medical emergency or who has an immediate family member who has been affected by a medical emergency may submit written application to the employee’s immediate supervisor to become a leave bank recipient. Employees incapable of making application may have an employee of the same division make application on his or her behalf. However, prior to making such an application, written authorization must be obtained from a member of the incapacitated employee's immediate family, or from a person legally designated to act on the employee's behalf.

b. The application may be submitted as an internal memorandum or letter and must be dated and signed by the applicant or an employee or other person filing and acting on the employee's behalf.

(3) The reasons why leave bank leave is needed including a brief description of the nature, severity, and anticipated duration of the medical emergency; and if it is a recurring one, the approximate frequency of the medical emergency affecting the potential leave recipient.

(5) A statement as to whether or not the applicant gives permission, if the request is approved, to inform the work force that the application has been approved and to disclose the nature of the emergency.

a. All applications will be forwarded from the employee's immediate supervisor through the division supervisor, department director, and Personnel Director, to the City Manager for approval or denial.

b. The applicant will normally be notified of the actions of the City Manager by the Personnel Director within five (5) working days after the application is acted upon by the City Manager.

c. Final action may be delayed pending additional documentation as may be required by this policy or the City Manager (i.e., second opinion on medical condition).

b. The eligible applicant employee must have been employed by the city for the last twelve (12) consecutive months and performed at least 1,250 hours of service during that time, exclusive of vacation and sick leave hours.

c. The City Manager must be satisfied that the applicant did not abuse or unwisely use leave time during prior years of employment.

c. All donations of leave will be made to the central leave bank established by the Personnel Department. Donors may specify, if they desire to do so, an individual to whom the donated leave may be transferred.

d. Types of leave which may be donated are restricted to accrued vacation and accrued sick leave. Program restrictions prevent employees from donating more than one half of the leave the donor employee would accrue during any one fiscal year. This restriction shall not apply to excess vacation transferred in accordance with paragraph e. below.

e. Accrued vacation hours in excess of 280 hours not used or taken by July 1 of each fiscal year will be automatically transferred to the leave bank unless the employee contacts the Personnel Department, in writing, requesting otherwise.

6. Limitations for individual recipient. The amount of leave which an individual recipient may receive shall be limited to four hundred and eighty (480) hours provided, however, that additional hours may be granted by the City Manager upon the receipt of a recommendation from a qualified treating physician.

7. Accrual of vacation, sick leave. An approved leave recipient will not accrue vacation or sick leave while absent and utilizing leave from the leave bank.

8. Monitoring. The leave recipient's immediate supervisor is responsible for monitoring the medical emergency of a leave recipient assigned to him or her. While the extent of the monitoring will be determined on a case-by-case basis, as a minimum, the supervisor will communicate with the leave recipient (or someone acting on behalf of the leave recipient) at least once during each pay period to ascertain the status of the medical emergency. The supervisor shall then forward written documentation of the recipient's status to the Personnel Director. Medical documentation may be requested to determine that the medical emergency continues to exist.

(3) The leave recipient's immediate supervisor receives notice that the recipient is no longer affected by a medical emergency; or

b. When the supervisor receives information that the medical emergency has ended, the supervisor will immediately notify the Personnel Department by telephone and will follow up that notice in writing the next day.

10. Restoration of leave to the leave bank. Any transferred leave remaining to the credit of a leave recipient when the medical emergency terminates shall be restored to the leave bank.

11. Prohibition of Coercion. No employee or supervisor shall directly or indirectly intimidate, threaten, or coerce any employee for the purpose of interfering with any right such employee may have with respect to participation or non-participation in the leave bank program.

12. Annual Report. The Personnel Director shall prepare an annual report on the status of the Leave Bank which shall include the number of hours in the bank and the number of hours transferred to Leave Bank Recipients. The report shall be sent to the City Manager not later than August 1 of each year. A copy of the report shall be provided to the Employee Advisory Committee.